Chancery Court Claims for Breach of Fiduciary Duty Dismissed for Failure to Establish Demand Futility
By: Annette Becker and Geoffrey Locher
Jennifer L. Stritzinger v. Dennis Barba, et al., letter opinion 180831
In Jennifer L. Stritzinger v. Dennis Barba, et al. Civil Action No. 12776-CB, the Delaware Court of Chancery granted the defendants’ motion to dismiss Stritzinger’s derivative lawsuit for breach of fiduciary duty for alleged mismanagement of Newark Country Club (the “Club”), a private corporation located in Newark, Delaware. The Court dismissed Stritzinger’s suit finding Stritzinger failed to establish demand futility before filing suit against the Club.